Without prejudice to Sections Sample Clauses

Without prejudice to Sections. 5.1 and 5.2 above, You are responsible for (a) any required notices, consents and/or authorizations related to Your provision of, and our processing of, Your Content (including any Personal Data) as part of the Services, (b) any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Content, including any viruses, Trojan horses, worms or other harmful programming routines contained in Your Content, and (c) any use by You or Your Users of the Services in a manner that is inconsistent with the terms of this Agreement. To the extent You disclose or transmit Your Content to a third party, we are no longer responsible for the security, integrity or confidentiality of such content outside of Oracle’s control.
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Without prejudice to Sections. 5.1 and 5.2 above, You are responsible for (a) any required notices, consents and/or authorizations related to Your provision of, and our processing of, Your Content (including any Personal Data) as part of the Services, (b) any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Content, including any viruses, Trojan horses, worms or other harmful programming routines contained in Your Content, and (c) any use by You or Your Users of the Services in a manner that is inconsistent with the terms of this Agreement. To the extent You disclose or transmit Your Content to a third party, we are no longer responsible for the security, integrity or confidentiality of such content outside of Oracle’s control. 5.3 Без ограничений в отношении положений разделов 5.1 и 5.2 Вы несете ответственность (a) за любые требуемые уведомления, согласия и (или) разрешения, относящиеся к предоставлению Вами (и обработке нами) Вашего Содержимого (включая любые Персональные Данные) в рамках Услуг, (b) любые уязвимости системы безопасности и последствия таких случаев уязвимости, связанных с Вашим Содержимым (включая наличие каких-либо вирусов, троянских программ, червей или других подпрограмм в Вашем Содержимом), и (c) любое использование Вами или Вашими Пользователями Услуг не в соответствии с условиями настоящего Соглашения. Мы не несем ответственности за безопасность, целостность или конфиденциальность Вашего Содержимого вне контроля Оракл в том объеме, в котором Вы раскрываете или передаете такое содержимое третьему лицу.
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Without prejudice to Sections. 16.1 and 16.2, if (i) the Bank is required to make any payment of or on account of tax on or in relation to any sum received or receivable under this Agreement (including, without limitation, any sum deemed for the purposes of tax to be received or receivable by the Bank whether or not actually received or receivable); (ii) any liability in respect of any such payment is asserted, imposed, levied or assessed on or against the Bank; (iii) the Bank incurs any liability in respect of any stamp, registration, or similar tax (including for the avoidance of doubt stamp duty reserve tax) which is or become payable in connection with this Agreement or any Order or any Transaction; (iv) then the Client and/or its Affiliates is required, upon demand by the Bank, to promptly indemnify the Bank against that payment or liability, together with any interest, penalties, costs and expenses payable or incurred in connection with that payment or liability provided that this Section will not apply to any tax imposed on and calculated by reference to the charges actually received or receivable by the Bank.
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Without prejudice to Sections. 16.1 to 16.6, the Parties hereby submit to the exclusive jurisdiction of the courts of Milan, Italy, in respect of any dispute which under mandatory provisions of Italian law cannot be referred to an arbitration panel but which however concerns this Agreement. To: Xxxx Xxxxxx xx. 000 Xxxxxxx Xxxxxxxxxxx 00000 - Xxxxxx Xxxxxx of America Xxx xxxxx Xxxxxxx Xxxxxxx xx. 00 Xxxx 00000 - Xxxxx Dear Sirs, further to our recent discussions, we herewith submit to You the proposed text of the sale and purchase agreement, which has been discussed and agreed among the parties, and which reads as follows. [Remainder of the page intentially left blank] Xxxxx Xxxxxxxxxxxxx xx. 000 Xxxxxxxxx 0000XX - The Netherlands South Church Street no. 103 Xxxxxx Town, Grand Cayman Cayman Islands Xxx Xxxxxxxxx Xxxxxxxxx no. 12 L-2522 Luxembourg Xxx Xxxxxxxxx Xxxxxxxxx no. 12 L-2522 Luxembourg Xxx Xxxx Xxxxxxx xx. 0/0, Xxxxxxxxxx (Xxxxxxx), 00000 – Italy
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Without prejudice to Sections. 5.1 and 5.2 above, Client is responsible for (a) any required notices, consents and/or authorizations related to Client provision of, and our processing of, Client Content (including any Personal Data) as part of the Services, (b) any security vulnerabilities, and the consequences of such vulnerabilities, arising from Client Content, including any viruses, Trojan horses, worms or other harmful programming routines contained in Client Content, and (c) any use by Client or Client Users of the Services in a manner that is inconsistent with the terms of this Agreement. To the extent Client discloses or transmits Client Content to a third party, CapTech is no longer responsible for the security, integrity or confidentiality of such content outside of CapTech’s control.
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Without prejudice to Sections. 5.1 and 5.2 above, You are responsible for (a) any required notices, consents and/or authorizations related to Your provision of, and our processing of, Your Content (including any Personal Information) as part of the Services, (b) any security vulnerabilities, and the consequences of such vulnerabilities, arising from Your Content, including any viruses, Trojan horses, worms or other harmful programming routines contained in Your Content, and (c) any use by You or Your Users of the Services in a manner that is inconsistent with the terms of this Agreement and/or Your order. To the extent You disclose or transmit Your Content to a third party, Oracle is no longer responsible for the security or confidentiality of such content outside of Oracle’s control.
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Without prejudice to Sections. 5.2 or 5.5 of this Agreement, the TRIAL SITE further undertakes Aniž by byla dotčena část 5.2 nebo 5.5 této smlouvy, centrum KH se dále zavazuje vést
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Without prejudice to Sections. 6.2 and 6.3, neither PARTY shall assign any of its rights (other than the right to receive payments) or delegate any of its obligations under this AGREEMENT. Any attempt to do so shall be void. However, a PARTY which undergoes reorganization may assign such rights and delegate such obligations to its legal successor, provided that after the reorganization, the successor and its SUBSIDIARIES will have essentially the same assets as such PARTY and its SUBSIDIARIES had prior to the reorganization.
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Without prejudice to Sections. 8.1 and 8.2, the CEO herewith assigns to the Company ownership in and title to and/or (to the extent ownership and title may not be transferred to the Company according to the applicable law, such as German copyright law), the exclusive and transferable right of use and exploitation, for all kinds of use and unrestricted in time, territory and content, for all work output which is capable of copyright protection or of protection as a patent or utility patent, trademark, trade dress, registered design and/or utility model, trade and business names, sui-generis data base rights, neighbouring rights, or any other intellectual property right which the CEO produces or for which he submits an application for registration anywhere in the world (“Intellectual Property Rights”) during the period of his Service Relationship during his working hours or even outside of his working hours, insofar as they relate to his duties under this Service Agreement and/or are made using materials of the Company. As far as software is concerned, this transfer of rights extends to all development stages and includes, in particular, the source code. The Company shall be entitled to use the work output without limitation, which includes reproduction, distribution, dissemination, modification and adaptation, enhancements, translation into all languages, making publicly available, broadcasting and public dissemination via all modes of transfer and all transmission channels. In respect of software, aforesaid transfer of rights includes, without limitation, the right to decompile and reverse-engineering such software, produce updates and upgrades and to combine the software with or integrate it into other programs or systems, and to convert it into other programming languages and for other operating systems. The assignment of any use and exploitation rights hereunder includes the authorization to the issue of licenses and sublicenses to third parties.
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Related to Without prejudice to Sections

  • Without prejudice to the generality of Clause 10.1, GO Power shall, in relation to any Personal Data processed in connection with the performance by GO Power of its obligations under this Agreement: (a) process that Personal Data only on the written instructions of the Customer unless GO Power is required by the laws of any member of the European Union or by the laws of the European Union applicable to GO Power to process Personal Data (Applicable Data Processing Laws). Where GO Power is relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, GO Power shall promptly notify the Customer of this before performing the processing required by the Applicable Data Processing Laws unless those Applicable Data Processing Laws prohibit GO Power from so notifying the Customer; (b) process that Personal Data only to the extent necessary for the legitimate interest of GO Power and its specified third parties, and as required for the performance of this Agreement and the rights of GO Power under it; (c) ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it); (d) ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; (e) not transfer any Personal Data outside of the European Economic Area unless the consent of the Customer has been obtained and the following conditions are fulfilled: (i) the Customer or GO Power has provided appropriate safeguards in relation to the transfer; (ii) the data subject has enforceable rights and effective legal remedies; (iii) GO Power complies with its obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred; and (iv) GO Power complies with reasonable instructions notified to it in advance by the Customer with respect to the processing of the Personal Data; (f) assist the Customer, at the Customer’s cost, in responding to any request from a Data Subject and in ensuring compliance with its obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators; (g) notify the Customer without undue delay on becoming aware of a Personal Data breach; AND (h) at the written direction of the Customer, delete or return Personal Data and copies thereof to the Customer on termination of the Agreement unless required by Applicable Data Processing Law to store the Personal Data;

  • Without prejudice all proceedings and disclosures will be conducted and made without prejudice to the rights and positions of the parties in any subsequent arbitration or other legal proceedings;

  • Without limiting the other provisions of this Section 3.1, among other delegations by the Trustees, the Trustees have determined that there is a significant risk that the Trust and its shareholders may be adversely affected by investors with short term trading activity and/or whose purchase and redemption activity follows a market timing pattern as defined in the prospectus for the Trust, and have authorized the Trust, the Underwriter and the Trust's transfer agent to adopt procedures and take other action (including, without limitation, rejecting specific purchase orders in whole or in part) as they deem necessary to reduce, discourage, restrict or eliminate such trading and/or market timing activity. You agree that your purchases and redemptions of Portfolio shares are subject to, and that you will assist us in implementing, the Market Timing Trading Policy and Additional Policies (as described in the Trust's prospectus) and the Trust's restrictions on excessive and/or short term trading activity and/or purchase and redemption activity that follows a market timing pattern.

  • Limitations and exclusions of liability NONE OF THE TMLS AFFILIATES SHALL BE LIABLE TO SUBSCRIBER OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE TMLS SERVICE, INCLUDING RELIANCE BY SUBSCRIBER ON ANY INFORMATION OBTAINED THROUGH USE OF THE TMLS SERVICE; MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION; INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE TMLS SERVICE; AND VIRUSES OR FAILURES OF PERFORMANCE; WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OF, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE TMLS SERVICE AND RELATED INFORMATION, RECORDS AND PROGRAMS.

  • Survival The representations and warranties contained herein shall survive the Closing and the delivery of the Securities.

  • Survival of Provisions The obligations contained in this Section 11 shall survive the termination or expiration of the Executive’s employment with the Company and shall be fully enforceable thereafter.

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